78R7613 EMT-D


By:  Alonzo                                                       H.B. No. 2288



A BILL TO BE ENTITLED

AN ACT

relating to a defendant's right to access to information in the 
possession of the state.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Article 39.14(a), Code of Criminal Procedure, is 
amended to read as follows:
	(a)  Upon written request [motion] of the defendant showing 
good cause therefor and upon notice to the other parties, the [court 
in which an action is pending may order the] State before or during 
trial of a criminal action therein pending or on trial shall [to] 
produce and permit the inspection and copying or photographing by 
or on behalf of the defendant of any designated documents, papers, 
written statement of the defendant, (except written statements of 
witnesses and except the work product of counsel in the case and 
their investigators and their notes or report), books, accounts, 
letters, photographs, objects or tangible things not privileged, 
which constitute or contain evidence material to any matter 
involved in the action and which are in the possession, custody or 
control of the State or any of its agencies.  The [order shall 
specify the time, place and manner of making the inspection and 
taking the copies and photographs of any of the aforementioned 
documents or tangible evidence; provided, however, that the] rights 
herein granted shall not extend to written communications between 
the State or any of its agents or representatives or employees.  
Nothing in this Act shall authorize the removal of such evidence 
from the possession of the State, and any inspection shall be in the 
presence of a representative of the State.
	SECTION 2.  Section 9(d), Article 42.12, Code of Criminal 
Procedure, is amended to read as follows:
	(d)  After conviction, but before [Before] sentencing a 
defendant, the judge shall permit the defendant or his counsel to 
read the presentence report.
	SECTION 3.  This Act takes effect September 1, 2003, and  
applies only to a case that commences on or after that date.  A case 
that commences before the effective date of this Act is covered by 
the law in effect when the case commenced, and the former law is 
continued in effect for that purpose.